Miami Gay Men's Chorus
m
City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this ~ ftAday of 5bJll<-lI#I6t/'1l....- ,2004, between the City of
Miami Beach, Florida, (the City), and Miami Gay Men's Chorus (Grantee).
Article II Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Miami Gay Men's Chorus
PO Box 190209
Miami Beach, FL 0
(305) 604-8787, (305) 868-1277, mgmcpres@aoJ.com
2. Grant amount: $1000050% paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Contract deadline: November 5, 2004
6. Expenditure deadline: September 30, 2005
7. Project completion date: ~ IS,. Zoo S-
8. Final port deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. 1L.. fJ
REOF, the parties hereto have executed this Agreement this ~ day of . tx:.e /tI1J1SfL , 2004.
Attest: ~ f (M,~
Robert Parcher, City Clerk
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
FORM & LANGUAGE
& FOR EXECUTION
The for.9Qoing ins~m~tlwas acknowledged before me
this::1Lday of ~ 2004, by
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Notary Name:~lIe .:r- .;;;a~
Notary Public, State of Florida
GRANTEE: Miami Gav Men's Chorus
FederaIID#: 6'5- 0'13 &(, 2...-3
BY: E&~~ ~_ G,...Je~e..S ,1a2...S-
Printed Name 0 nization's Authorized Representative
Signature
My Commission Expires:
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Article II/ General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant toJhe City's Cultural Affairs Program Manager or his designee.
2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No.1. All expenditures will be subject to the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item
changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not
exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized
Budget in Exhibit 2-B shall not be permitted without the prior written consent ofJhe Cultural Affairs Program
Manager or his designee. Said requests shall be made in advance, in writing, detailing and justifying the need
for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject
to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial
support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's
approval of the award.
5. Proqram Monitorinq and Evaluation: The Cultural Affairs Program Manager or his designee may monitor
and conduct an evaluation of operations and the Project under this Grant, which may include visits by City
representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bondinq: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program Manager or his designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accountinq and Financial Review: The Grantee must keep accurate and complete books and records of
all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These
books and records, as well as all documents pertaining to payments received and made in conjunction with this
Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County
in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure
Deadline specified in Article 1-5. These books, records, and documents may be examined by the Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee may, at the City's
expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 11-12.
9. Liabilitvand Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners,
principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name ofthe City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement,
or otherwise provided, shall in no way limit the responsibility to indemnify, keep and save harmless and defined
the City or its officers, employees, agents and instrumentalities as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity
shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which
exceeds the sum of $1 00,000, or any claim or judgment or portions thereof, which, when totaled with all other
claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of
action which may arise as a result of the negligence of the Grantee entity.
10. AssiQnment: The Grantee is not permitted to assign this Grant, and any purported assignment will be
void, and shall be treated as an event of default pursuant to Article 11-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein.
12. DefaulUT ermination Provisions: I n the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee may withhold or cancel all,
or any unpaid installments, of the Grant upon giving five (5) calendar days written notice to the Grantee, and the
City shall have no further obligation to the Grantee under this Agreement. Further, in the event of a breach of
any term or condition of this Agreement, upon five (5) calendar days written demand by the Cultural Affairs
Program Manager or his designee, the Grantee shall repay to the City all portions of the Grant which have been
received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the
written demand is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant
funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another
Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant
funds.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of
the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days
after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request
in writing from the Cultural Affairs Program Manager or his designee an extension of the Expenditure Deadline
which, if approved, shall be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to
the Cultural Affairs Program Manager or his designee a certified check for the total amount due, payable to the
City of Miami Beach, Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulaence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time of the breach of failure occurs or at any time throughout the term
of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the receipt of a certified letter addressed to the Grantee at the address specified in
Article 1-1 of this Agreement, and to the City when addressed as follows: Grisette Roque Marcos,
Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Aareement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Aareement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article 1111 Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and services recommended for support.
As such, use of these funds for any program component not meeting this condition will be considered a breach
ofthe terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined
in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U .S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
Exhibit 1/ Revised Project Description
Organization: Miami Gav Men's Chorus Project Title: Chorus Holidav 2004 and Sorina 2005
Performances
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
to the Project based upon the City Commission approved award. Please be as specific as possible;
name of event, specific dates, venues, times, artist, etc.
Proiect Description:
The Miami Gay Men's Chorus ("MGMC") requested funding for its Holiday 2004
and Spring 2005 shows. Our productions will consist of choral repertoire, creative
dance and acting. The Holiday '04 show, "Boys in Toyland", will be produced at the
Bryon Carlyle Theater on December 10, 11 and 12, 2004. Our Spring 2005 Show
"Blame it on Broadway" will be performed at the Colony Theater May 13, 14, and 15,
2005.
Our Artistic Director is Doug Williford. He has been artistic director for Creative
Arts Enterprises, Doug directed last year's "Bed, Boys and Beyond" and produced many
shows in our community. Our Music Director is Chris Rieder, with a BA in Music
Education from the University of Miami, studied conduction with Donald Oglesby, Jo-
Michael Scheibe and Terry Russell, and voice with Lorine Buffington. Chris has served
as the music director the MGMC since August 2000. Eric Miji, our Choreographer, had
long stage career in Hawaii and California. In addition, we have Steven Wilson as
assistant music director and Dennis Janzer as accompanist. Also performing will be the
Chorus's 45-55 singing members.
Narrative of Revisions:
There will be no revisions to the project since the Grant Panel awarded a larger
amount than expected.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Miami Gay Men's Chorus
Project Title: Out of Oz and Blame it on Broadway
Date(s) of Project: December 10,11, 12,2004 and May 13, 14, 15,2005
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your program, project or events. Round off all numbers to the
nearest dollar.
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services 20,000
Outside other fees/services 15,000
Marketing/Publicity 8,000
Space rental 21,000
Travel
Utilities
EXPENSES
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Printing
Postage
Supplies/Materials
Web Site
Operations Expenses
Photography
Total cash expenses
Total in-kind expenses
Total project expenses
2,500
2,500
2,000
$ 101,000 Total cash revenues $ 101,000
$ 7,000 Total in-kind revenues $ 7,000
$ 108,000 Total project revenues $ 108,000
(cash + in-kind) (cash + in-kind)
Cash
In-Kind
10,000
2,500
(Itemize below)
7,000
2,000
5,000
3,500
7,000
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Cash-In-Hand
Other Contributions
Program Advertising
Web Site
Photography
Accounting
Grant award
Cash
48,000
In-Kind
6,000
5,000
10,000
4,000
(Itemize below)
18,000
2,500
2,000
2,500
$10,000
Exhibit 2-B: Project Budget / Revised Grant Award Budget
Name of organization: Miami Gay Men's Chorus
Project Title: Out of Oz and Blame it on Broadway
Date(s) of Project: December 10,11, 12,2004 and May 13, 14, 15, 2005
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below. Line item
changes to said Budget shall not exceed ten percent (10%) per category, so long as said
expenditures do not exceed the total amount of Grant funds
Grant Expenses
Marketing/Publicity
Personnel - artistic
Space rental
Personnel - administrative
Travel (local only)
Personnel - technical
Outside other fees
(Itemize below)
Outside artistic fees
Other costs
(Itemize below)
Costumes And Props
$ 10,000
TOTAL: $10.000
Grant requirements:
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of
Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. "
Grant funds may not be used for:
. Remuneration of City employees for any services rendered as part of a project receiving a grant
from the City of Miami Beach Cultural Arts Council
. "Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed
project may be purchased if the price is less than what is would cost to rent the equipment)
. Debt reduction
. Out-of-county travel or transportation
. Fundraising events
. Hospitality events
. Events not open to the public
WEISS SEROTA HELFMAN
PASTORIZA GUEDES COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL. A. BIERMAN
NINA L. BONISKE
MITCHEll J. BURNSTEIN
JAMIE ALAN COLE
EDWARD G. GUEDES
STEF='HEN J. HELFMAN
HARRIET R. LEWIS
GILBERTO PASTORIZA
GARY I. RESNICK
JOSEPH H. SEROTA
NANCY E. STROUD
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI.OADE OFF'ICE
2665 50UTH BAY5HORE: DRIVE:
5UITE 420
MIAMI, FLORIDA 33133
ELAINE M. COHEN
JORGE L. CRUZ-BUSTILLO
VIVIAN DE LAS CUEVAS-OIAZ
STEPHANIE DEUTSCH-
OOUGLAS R. GONZALES
TARA L. GOULD
PETER A. LICHTMAN
KAREN LIEBE~MAN.
MATTHEW H. MANDEL
MICHAEL J. MARRERO
ALEXANDER L. PALENZUELA-MAURI
MICHAEL 5. POPOK-
JOHN J. QUICK
ANTHONY L. RECIO
SCOTT A. ROBIN
ANDREW E. RUSS
GAllO. SEROTA-
JEFFREY P. SHEFFEL.
JOSE S. TALAVERA
SUSAN L. TREVARTHEN-
JAMES E. WHITE
TELEPHONE 305-854-0800
TELECOPIER 305-854-2323
'WWW.WSH-LAW.CQM
8ROWARD OF'f"ICE
3107 STIRLING ROAD. SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE 954-763~4242 . TELECOPIER 954-764-7770
THOMAS J. ANSBRO.
LILLIAN ARANGO DE LA HOZ.
JAMES E. BAKER
ALISON S. BIELER
MICHELLE BUCKALEW
.OF COUNSEL
August 31, 2004
VIA HAND-DELIVERY
Ms. Roberta Behrendt, Operations Mgr.
City of Miami Beach
Cultural Arts Council
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Name Chanl!e for South Beach Gav Men's Chorus
Dear Roberta:
The purpose of this letter is to advise the City of Miami Beach that the South Beach Gay
Men's Chorus has formally changed its name to the Miami Gay Men's Chorus effective July 23,
2004. While the Chorus has changed its name for purposes of increased exposure and outreach
to the rest of the Miami-Dade County community, we will continue to be based in Miami Beach.
We continue to rehearse on Lincoln Road and our major concert performances through
December 2006 are all scheduled to take place either at the Byron Carlyle Theater or the Colony
Theater.
Should you require any additional information from the Chorus, please do not hesitate to
contact me either at the number above or on my mobile (305-775-6730).
i
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
July 26, 2004
EDWARD G. GUEDES
WEISS SEROTA HELFMAN ET AL
2665 S. BA YSHORE DRIVE, SUITE 420
MIAMI, FL 33133
Re: Document Number N99000004057
The Articles of Amendment to the Articles of Incorporation for SOUTH BEACH GAY
MEN'S CHORUS, INC. which changed its name to MIAMI GAY MEN'S CHORUS, INC.,
a Florida corporation, were filed on July 23, 2004.
The certification requested is enclosed.
Should you have any question regarding this matter, please telephone (850) 245-6050,
the Amendment Filing Section.
Teresa Brown
Document Specialist
Division of Corporations
Letter Number: 804A00046871
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
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ARTICLES OF AMENDMENT TO ARTICLES OF ,7-, Jct ' <, ,(:/-
INCORPOR.\TION OF SOUTH BEACH GAY MEN'S CHORUS. INc:.~<5~ / <'.;> ;,..1
I, the undersigned, being the President and Director of South Beach Gay Men's C~~~~;:~' ~"y ~.' /~
/;( ~1l:
Inc., a Florida corporation, do hereby certify the Special Meeting of the Board of Directors of the 0rl,)%
Corporation held on the 1st day of July, 2004, duly and regularly called and held in accordance
with the provisions of the Florida Statutes and the By-Laws of South Beach Gay Men's Chorus,
Inc., at which meeting a quorum was present and acted throughout, the following resolution was
duly adopted:
RESOLVED, that Article I of the Articles of Incorporation of the Corporation be and
hereby is amended to read as follows:
ARTICLE I
The name of this Corporation shall be Miami Gay Men's Chorus, Inc. The address of
the Corporation shall be 6325 La Gorce Drive, Miami Beach, Florida 33141.
Said Amendment to become effective upon the filing of the Articles of Amendment with
the Secretary of State, State of Florida.
There are no members entitled to vote on this Amendment, which was adopted
unanimously by the Board of Directors on July 1, 2004..
IN WITNESS WHEREOF, we have hereunto set our hands and seals of said
Corporation this 22nd day of July, 2004.
(CORPORATE SEAL)
STATE OF FLORIDA )
) ss.:
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared Edward G. Guedes,
who is personally lmown to me, who executed the foregoing Amendment to the .Micles of
Incorporation and he acknowledged before me that he executed said instrument for the purposes
stated therein.
WITNESS my hand and official seal in the State and County last aforesaid this 22nd day
of July, 2004.
;J~~e ;Y-J;it>4J
Print Name
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